The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-09
PLEADING FOR SAM PERKINS
The Argument Before Judge Gresham
Oh the Appeal from Judge Woods.
The Question of the Federal Courts Jurisdic-
tion in the Election Conspiracy Case
Argument To Be Concluded To-Day.

O. Gresham, of the United States Circuit Court,
began the hearing of the appeal from the decision
Of Judge Woods in the matter of the contumacious
witness, Samuel E. Perkins. who refused to
testify before United States Commissioner Van
Buren, in the investigation into the conspiracy
to violate election returns charged against Bern
hamer. Counselman, Coy and Span. Mr. Per-
kins declined to testify on the ground that the
court had not jurisdiction and thereupon was
sentenced to three months Imprisonment, or
until he would purge himself by testifyine.
Habeas corpus proceedings were argued before
Judge Woods who sustained the Commissioner
and remanded Perkins to Jail On an appeal
being taken to the Circuit Court, Judge Gresh-
am being unable to hear the case at that time,
temporarily released Perkins until the argument
could be heard. The sole question is one of
Jurisdiction, as to whether the case is one prop
eriy belonging to the State or United States
courts, but number of nice points are involved.
The Audience in attendance upon the trial is
largely made up of attorneys. OF the conspir-
ators, only Bernhamer put in an appearance to
listen to the argument, and he dropped in for
only brief half hour. Messrs Hendricks,
Hord. Calkins Duncan, Smith and perhaps
fine case. while the government side was repre-
bented by Judge Turpe, w. H. H. Miller and
Capt e. +. Ritter. Major Hendricks opened
the argument, and spoke over two hours. He
opened with a recital of the affidavit for con-
tpiracy and the taking of testimony before Com
missioner Van Buren,, and that Mr.. Perkins,
called as q witness. upon consulting with coun-
sel was advised the Commissioner or the United
States Court had no jurisdiction in the matter,
but that it was matter of State jurisdiction.
Major Hendricks held that the indictment for
conspiracy does not distinctly specify conspiracy
against the United States and that
there was in the indictment total
absence of any charge that the re-
turns affecting the election of a Congressman
were altered or falsiHed. He said this omission
was an admission that the congressional returns
were not in any way tempered with, and if they
were not the United States Court has no juris-
diction in the matter Speaking Of possible
contest in Congress, growing out of the con-
spiracy, he held that fraud charged against
portion of the returns could not vtiate the en-
tire result. He said with all respect to Judge
Woods that the tendency of such decisions was
to destroy the rights reserved,to the States.
Capt E. +. Ritter followed when the court re-
convened al Z O'CLOCK, opening TOT the govern
'ment. He held that offense against the cleo
zion laws of the State was an offense against the
laws Of the United States at the election of
Congressman He cited the English Peele
contest and the so-called ''springba back tickets"
which was a violation of the State law alone.
the United States law having no provision on the
subject of the paper Of the tickets al ALL but the
ticket was held TO be illegal, and lost the cleo
tion to Mr.. Peelle. The State law must be com
piled with in every respect the seat in Con-
Rress is jeopardized In Ohio, where the seals
of bag were merely broken. where no man was
ALLEGED at all, they sent man to the penlten-
tiary.
Judge Gresham desired to know what the at
torney's opinion would be if the vote for town
ship trustee WAC tempered with at an election in
(which Congressman was voted for; ''or," said
be, suppose man bribed to vote for sheriff
and no one else at an election where Congress
man voted FORT"
Captain Ritter, as smile went round the
court room. informed the Judge that in case of
exactly that kinG-where man had been bribed
to vote for sheriff in Orange county-that
Judge Woods had decided the United States had
jurisdiction. Judge Gresham in some con-
FUSION Estimated that he would have chosen an
other Illustration had he been aware of Judge
Woodss decision. Captain Ritter held that Mr..
Perkins was rghtfully brought before the COM
missioner. 1t was case of hardship and if he
was an honest man he ought to tell the truth.
He held it was time such questions of iurisdic-
ton should be settled; certainly, this comes
court had jurisdiction, and ought to be permit
ted to proceed.
Mr.. W. H. H. Miller, speaking for the govern
ment side said great deal of question had been
made heretofore with reference to the action of
this commissioner upon the ground that he was
acting in an uncertain capacity; that he was not
a court that he was not exercising the judicial
power in the required way. Not a little in the
way of stigma WAS ATTEMPTED to be put upon
HIM in one way or another, and characterzing
him as the Little Commissioner" This court
Of the commissioner is a court of just as high
dignity, character and power as if it were being
held by Chief-justice Waite himself, sitting il
this courtroom. He exercises the same func
tions, and has the same power te
rnnish contempt as would have the Chief
Justice Of the United States. 1t was under
this same section, l014, that Chief justice Mar
shall held the examination of Aaron Burr 1t i.
under this same section that preliminary exam
nations have been made with reference to the
commission of crime. The commissioner has jus
the same power to commit as this court would
have if it were making such examination. Mr.
Miller held that the election officers, inspectors
were for all purposes officers of the United
States, as we'll as of the State. He showed tina
the statute provided for the making of but on
certificate, and that this certificate went befor
was an injury to the evidence of election
in the case of Congressman, to which
ne WAS entitled, as to every candi
date whose name was on that paper
De Illustrated this as an offense against tn
United States by showing that postof6ces al
over the country were kept in stores and con
nected with other business; that a burgla
breaking into such store. even though he di
not get into the mail, violated the law of tn
United States, and was tried for that violation
In federal court Congress held the right +
protect every avenue to its postoffices. He CAV
as another illustration the breaking into a ca
which carried the mail. 1t might be the THE
would only break into that part carrying ez
would I'M
bic to the postal law of the Unite
States. In reply TO Major Hendricks
assertion that the Congressman went with hi
muniments of Office in the form Of a certifcat
from the Governor, Mr. Miller said Major Her
bricks did not go far enough. They came to tn
Governor from the clerk. to the clerk from til
inspectors, - that in this case they were corruI
from the bottom.